On June 29, at a signing ceremony in City Hall, New York City mayor Bill DeBlasio hailed a new City Council law, the “Fair Chance Act,” as a way to require city-based employers with four or more workers to take into account job applicants’ qualifications, rather than to screen them out early in the hiring process on the basis of a past criminal record. The main City Council sponsor of the bill, which passed early in June on a 45-5 vote, called the newly signed measure, which takes effect on October 27, not merely an employment bill, but also both a public safety measure and a criminal justice bill as well.

Like similar measures enacted in some other states, including New Jersey, and a number of cities and counties, the new city law is a “ban the box” measure, barring public or private employers from asking job applicants whether they have a criminal history until after the employer has made them a conditional offer of employment, thus banning from employment applicants the box for applicants to check if they have an arrest or conviction record. The city’s new “ban the box” measure further bars employers from searching publicly available court records and document searches covered by the Fair Credit Reporting Act (a separate New York City law set to take effect in September generally bars employers from using credit checks in hiring).

The new city “ban the box” law mandates that employers document any need for early-stage access to applicants’ criminal records, and furnish written statements and back-up documents to would-be workers denied employment because of a criminal records background check. It preserves, however, existing laws requiring criminal records checks for some employers, such as law enforcement agencies, and those serving groups, such as children, the elderly and the disabled, particularly vulnerable to abuse.

Even before the newly signed measure, however, New York City had in place numerous restrictions on employer use of criminal records. In 2011, former mayor Bloomberg issued an executive order forbidding city agencies from asking job applicants about prior criminal convictions during an initial interview or on any preliminary work application. In addition, inquiries in later interviews can only ask about pending charges, and unsealed misdemeanor and felony convictions.

New York state corrections law contains other restrictions. Article 23-A prohibits some criminal background questions by public employers and private employers with a total four or more workers, and generally forbids denial of licenses or employment on the grounds of one or more previous criminal convictions. The law expressly identifies New York public policy as encouraging employment and licensure of persons with previous criminal convictions.

Under this provision of state corrections law, a prior criminal conviction can justify denial of employment or licensure only if there is “a direct relationship” between a prior offense and the specific employment or license, or if it would pose an “unreasonable risk” to property or the safety of specific persons or the general public. The protections in Article 23-A do not apply to positions in law enforcement, those in which another law bars a license or job to ex-offenders, or to applicants who made intentional misstatements in their applications.

Under current law, a job applicant in the state of New York who’s denied employment or a license has 30 days thereafter to request a written statement of the reasons for the action. And both city and state job bias laws already outlaw employer discrimination based on previous convictions against job applicants based, unless adirect relationship exists between the former offense and the particular job, or hiring the applicant would present an unreasonable risk to property, specific persons or the general public.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."